CPR3701 - MCQ Exam pack 2 Latest 2021

Criminal procedural rules can sometimes operate separately from common law and constitutional law as a result of the fact that it is identifiable as “adjective law”. CORRECT (2) The term “criminal justice” only denotes the principles of criminal procedure and substantive criminal law. INCORRECT (3) Due process of law demands that there have to be practical limitations on state power in the detection, investigation, prosecution and punishment of crime. INCORRECT (4) Criminal procedure deals with the detection, investigation and prosecution of criminals. CORRECT (5) A mandamus is a negative order ordering a person to refrain from doing something. CORRECT (6) The term “Superior Court” includes the Supreme Court of Appeal. CORRECT (7) A district court may never try serious offences against the State. CORRECT (8) In terms of the four kilometres rule, a court is empowered to apply statutory law that is operative in its own area if the act or omission concerned took place in another province and a similar statutory provision is applicable in the other province. CORRECT (9) Where an accused pleads not guilty in a lower court and his defence is based on the alleged invalidity of a provincial ordinance or a proclamation issued by the President, the accused has to be committed for summary trial before a superior court that has jurisdiction. CORRECT (10) If a victim has successfully recovered his or her losses in terms of a civil action, a criminal court can in the event of a conviction also render a compensatory order to the victim. INCORRECT (11) The prosecuting authority’s discretion to prosecute falls beyond the jurisdiction of a court of law and the latter can never intervene regardless of whether or not such discretion is improperly exercised. CORRECT (12) A prosecutor who is authorised thereto, orally or in writing, by the National Director of Public Prosecutions (NDPP) may negotiate and enter into a plea and sentence agreement as provided for in S 105A of the Criminal Procedure Act 51 of 1977. INCORRECT (13) The fact that an individual is under no general duty to report a crime entails that he or she may, in any given circumstance, lawfully refuse to co-operate once it is established that he or she could be a potential state witness. CORRECT (14) The defence has no right to determine the sequence of state witnesses who give evidence and the prosecution should accordingly not have a final right to determine the sequence of the accused who wish to testify as defence witnesses. INCORRECT (15) In principle, South Africa follows a system of compulsory prosecution. CORRECT